The Board has remanded the claims for lumbar strain with degenerative arthritis of the spine and episcleritis due to a pre-decisional duty to assist error. The Veteran is to be presumed credible for the limited purpose of this examination.
The deciding factor: The examiner needs to provide an opinion regarding whether the Veteran's episcleritis is at least as likely as not proximately due to or aggravated beyond its natural progression by his service-connected costochondritis disability.
- Claimed conditions
- lumbar strain with degenerative arthritis of the spine, episcleritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 16, 2021
- Citation
- A21020125
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A21020125.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation (SMC) based on housebound status as he does not have a single disability rated at 100% and additional disabilities independently ratable at 60%, nor is he permanently housebound by reason of his service-connected disabilities.
- Dismissed
The Veteran's appeal for service connection for left eye squamous blepharitis, dry eye syndrome, and episcleritis has been withdrawn.
- Partly granted
The Board granted restoration of a 70 percent rating for PTSD with alcohol use disorder and a 10 percent rating for left lower extremity radiculopathy (femoral nerve), while denying the other claims.
- Granted
The Veteran's service-connected disabilities alone cause him to be unable to secure or follow a substantially gainful occupation prior to March 1, 2015.
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